Lord Chancellor's Department

Last updated

Lord Chancellor's Department
Ministerial Department overview
Formed1885
Dissolved2003
Superseding agency
Jurisdiction Government of the United Kingdom
Minister responsible

The Lord Chancellor's Department was a United Kingdom government department answerable to the Lord Chancellor with jurisdiction over England and Wales.

Contents

Created in 1885 [1] as the Lord Chancellor's Office with a small staff to assist the Lord Chancellor in his day-to-day duties, the department grew in power over the course of the 20th century, and at its peak had jurisdiction over the entire judicial system and a staff of over 22,000. [2] In 2003, it was succeeded by the Department for Constitutional Affairs (now the Ministry of Justice).

History

The department was created in 1885 by Lord Selborne, who was the Lord Chancellor at the time. The Lord Chancellor was the only cabinet minister (other than those without portfolio) not to have a department of civil servants answerable to him, and justified the expenditure of creating a permanent department by saying that:

The Lord Chancellor, though Minister of Justice for almost every purpose unconnected with the Criminal Law, had no assistance of the kind given to the other chief Departments of State, either of permanent secretaries or under secretaries. The officers attached to him were personal and liable to change with every change of government.. but on each change of government the lack of continuity was more or less felt; and as the Lord Chancellor's Department work had a constant tendency to increase, the pressure of that lack increased with it. [3]

The department was originally named the Lord Chancellor's Office, with the first employees simply being transferred from Selborne's personal retinue to the new office. [3] The need for the office was partly due to the Supreme Court of Judicature Acts of 1873 and 1875, which significantly changed the structure of the courts and increased the Lord Chancellor's workload as he struggled to enact the changes that the Acts required. [4] Due to the odd nature of the Lord Chancellor's Office compared to other government departments (it was staffed almost entirely by lawyers and had an initial staff of only five) it developed slightly differently from other departments, regarding itself more as a lobbying organisation for the judges and the courts than a traditional government department. [5]

The office was initially little more than a personal entourage for the Lord Chancellor and did little administrative work, with it being described in 1912 as "not far removed from an interesting little museum". [6] [ full citation needed ] The appointment of Claud Schuster as Permanent Secretary in June 1915 changed this; he set about reforming the office to allow it to effectively run the court system. [3] Initially with only a limited jurisdiction the Lord Chancellor's Department grew in power in the 1920s, with the transfer of control of the county courts from HM Treasury to the department in 1922 and the Supreme Court (consolidation) Act 1925. [7]

The power of the department reached its peak after the Courts Act 1971 was passed, which modernised the English court system and put the Lord Chancellor's Department in direct control. [8] Such a large increase in powers necessitated a change of office; previously the department had worked out of the Lord Chancellor's offices in the House of Lords, but it now moved to dedicated offices in Whitehall. [9] The passing of the Supreme Court Act 1981 and a 1992 move that transferred responsibility for the magistrates' courts to the department also served to increase its responsibilities. [10] The department ceased to exist as an independent body in 2003, when its functions were transferred to the newly created Department for Constitutional Affairs [11] (which itself became the Ministry of Justice in 2007).

Remit

At the time of its merger the Lord Chancellor's Department was charged with appointing and advising on the appointment of judges, running the court system and a certain number of tribunals and assisting in the reform of the English law. [1] To this end it controlled the Public Trust Office, the Courts Service, the Official Solicitor's Office, the Office of the Judge Advocate General, the Legal Aid Board and several more government agencies. [1]

Structure

The office was run by the Permanent Secretary to the Lord Chancellor's Office, a senior member of the Civil Service who also served as Clerk of the Crown in Chancery. [3] The office he ran was initially small, consisting of five individuals; the Permanent Secretary, his personal secretary, the personal secretary to the Lord Chancellor, the Secretary of Presentations (who advised the Lord Chancellor on the appointment of senior members of the Church of England) and the Secretary of Commissions (who advised the Lord Chancellor on the appointment of magistrates). [12] The department stayed small compared to other ministerial departments; in the 1960s it had a staff of only 13 trained lawyers and a few secretaries. [13] The passing of the Courts Act 1971 and the additional duties it gave to the Lord Chancellor's Department forced it to expand, and by the time it ceased to exist as an independent department it had a staff of 12,000 direct employees, 10,000 indirect employees, 1,000 buildings (more than any other government department) and a yearly budget of £2.4 billion. [14]

Peculiarities

The Lord Chancellor's Department was significantly different from other government departments in a number of ways. Until 1992 it had no representative in the House of Commons; as Speaker of the House of Lords the Lord Chancellor could not sit in the House of Commons. [15] The department was also exempt from being scrutinised by the parliamentary select committees, something which changed in 1990. [15] The Permanent Secretary also had to be a barrister of at least seven years standing, and the Deputy Secretary always succeeded the Permanent Secretary when he retired. [16] Both of these changed in 1990. [16]

Junior ministers

NamePortraitEntered officeLeft officePolitical partyTitle
Geoff Hoon Geoff Hoon Headshot.jpg 6 May 199717 May 1999 Labour Parliamentary Under-Secretary of State (6 May 1997- 28 July 1998)

Minister of State (28 July 1998 - 17 May 1999)

Keith Vaz Official portrait of Keith Vaz crop 2.jpg 17 May 199928 July 1999Parliamentary Under-Secretary of State to the Lord Chancellor's Department
David Lock 29 July 199911 June 2001
Jane Kennedy Jane Kennedy.jpg 11 October 199911 June 2001
Willy Bach, Baron Bach Official portrait of Lord Bach crop 2.jpg 20 November 200011 June 2001
Michael Wills Official portrait of Lord Wills crop 2.jpg 11 June 200129 May 2002
Patricia Scotland Patricia Scotland 2018.jpg 11 June 200112 June 2003
Rosie Winterton Rosie Winterton OfficialPortrait.jpg 11 June 200112 June 2003
Yvette Cooper Official portrait of Yvette Cooper crop 2.jpg 29 May 200212 June 2003

Related Research Articles

<span class="mw-page-title-main">House of Lords</span> Upper house of the Parliament of the United Kingdom

The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century.

In most common law jurisdictions, the attorney general or attorney-general is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.

<span class="mw-page-title-main">Chancellor of the Exchequer</span> Minister for Finance in the United Kingdom and Head of Treasury

The chancellor of the Exchequer, often abbreviated to Chancellor, is a senior minister of the Crown within the Government of the United Kingdom, and head of His Majesty's Treasury. As one of the four Great Offices of State, the chancellor is a high-ranking member of the British Cabinet.

<span class="mw-page-title-main">Judicial functions of the House of Lords</span> Historical judicial role of the UK House of Lords

Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.

<span class="mw-page-title-main">King's Counsel</span> Honorific for lawyers in some Commonwealth realms

In the United Kingdom and some Commonwealth countries, a King's Counsel is a senior trial lawyer appointed by the monarch of the country as a 'Counsel learned in the law'. When the reigning monarch is a woman, the title is called Queen's Counsel.

<span class="mw-page-title-main">Court of Chancery</span> Court of equity in England and Wales (c. 1350–1875)

The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the estates of lunatics and the guardianship of infants.

Chancellor is a title of various official positions in the governments of many nations. The original chancellors were the cancellarii of Roman courts of justice—ushers, who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the audience. A chancellor's office is called a chancellery or chancery. The word is now used in the titles of many various officers in various settings. Nowadays the term is most often used to describe:

<span class="mw-page-title-main">Lord Chancellor</span> Great Officer of State in the United Kingdom

The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to the union of England and Scotland into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England and the Kingdom of Scotland. There were Lord Chancellors of Ireland until 1922.

<span class="mw-page-title-main">Roundell Palmer, 1st Earl of Selborne</span> British politician and Lord Chancellor (1812–1895)

Roundell Palmer, 1st Earl of Selborne, was an English lawyer and politician. He served twice as Lord High Chancellor of Great Britain.

<span class="mw-page-title-main">Nazi Party Chancellery</span> 1941–1945 head office for the German Nazi Party

The Party Chancellery, was the name of the head office for the German Nazi Party (NSDAP), designated as such on 12 May 1941. The office existed previously as the Staff of the Deputy Führer but was renamed after Rudolf Hess flew to Scotland in an attempt to negotiate a peace agreement without Adolf Hitler's authorization. Hess was denounced by Hitler, his former office was dissolved, and the new Party Chancellery was formed in its place under Hess' former deputy, Martin Bormann.

<span class="mw-page-title-main">Exchequer of Pleas</span> English-Welsh court for common and equity law (1190s–1880)

The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity, a set of legal principles based on natural law and common law in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880.

<span class="mw-page-title-main">Constitutional Reform Act 2005</span> Constitutional reform of the UK Judiciary

The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor.

<span class="mw-page-title-main">Claud Schuster, 1st Baron Schuster</span> British Baron

Claud Schuster, 1st Baron Schuster,, was a British barrister and civil servant noted for his long tenure as Permanent Secretary to the Lord Chancellor's Office. Born to a Mancunian business family, Schuster was educated at St. George's School, Ascot and Winchester College before matriculating at New College, Oxford in 1888 to read history. After graduation, he joined the Inner Temple with the aim of becoming a barrister, and was called to the Bar in 1895. Practising in Liverpool, Schuster was not noted as a particularly successful barrister, and he joined Her Majesty's Civil Service in 1899 as secretary to the Chief Commissioner of the Local Government Act Commission.

<span class="mw-page-title-main">Judiciary of England and Wales</span>

There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.

<span class="mw-page-title-main">Ministry of Justice (United Kingdom)</span> Ministerial department of the UK Government

The Ministry of Justice (MoJ) is a ministerial department of His Majesty's Government, headed by the Secretary of State for Justice and Lord Chancellor. Its stated priorities are to reduce re-offending and protect the public, to provide access to justice, to increase confidence in the justice system, and to uphold people's civil liberties. The Secretary of State is the minister responsible to Parliament for the judiciary, the court system, prisons, and probation in England and Wales, with some additional UK-wide responsibilities, e.g., the UK Supreme Court and judicial appointments by the Crown. The department is also responsible for areas of constitutional policy not transferred in 2010 to the Deputy Prime Minister, human rights law, and information rights law across the UK.

The Permanent Secretary to the Lord Chancellor's Department was the most senior civil servant in the Lord Chancellor's Department and a senior member of Her Majesty's Civil Service. Officially titled Her Majesty's Permanent Under-Secretary of State to the Lord Chancellor's Department the Permanent Secretary oversaw the day-to-day running of the Department. The position ceased to exist in 2003 when the Lord Chancellor's Department was subsumed into the newly created Department for Constitutional Affairs, which became the Ministry of Justice in 2007. Despite existing for 118 years the position was held by only nine individuals, most notably Claud Schuster who served as Permanent Secretary for 29 years under 10 different Lord Chancellors.

A legal adviser, formerly referred to as a justices' clerk or clerk to the justices is an official of the magistrates' court in England and Wales whose primary role is to provide legal advice to justices of the peace.

From 1949 to 2005, magistrates' courts committees (MCCs) had overall responsibility for management of the magistrates' courts service within their areas in England and Wales.

<span class="mw-page-title-main">Magistrate (England and Wales)</span> Legal office held by lay people in England and Wales

In England and Wales, magistrates are trained volunteers, selected from the local community, who deal with a wide range of criminal and civil proceedings. They are also known as Justices of the Peace. In the adult criminal court, magistrates decide on offences which carry up to twelve months in prison, or an unlimited fine. Magistrates also sit in the family court where they help resolve disputes that involve children, and in the youth court which deals with criminal matters involving young people aged 10-17. Established over 650 years ago, the magistracy is a key part of the judiciary of England and Wales, and it is a role underpinned by the principles of 'local justice' and 'justice by one's peers'.

The Crown Office, also known as the Crown Office in Chancery, is a section of the Ministry of Justice. It has custody of the Great Seal of the Realm, and has certain administrative functions in connection with the courts and the judicial process, as well as functions relating to the electoral process for House of Commons elections, to the keeping of the Roll of the Peerage, and to the preparation of royal documents such as warrants required to pass under the royal sign-manual, fiats, letters patent, etc. In legal documents, the Crown Office refers to the office of the Clerk of the Crown in Chancery.

References

  1. 1 2 3 "The National Archives - NDAD - Lord Chancellor's Department". The National Archives . Retrieved 28 February 2009.
  2. Hall & Martin (2003), p. 56.
  3. 1 2 3 4 Hall & Martin (2003), p. 41.
  4. Woodhouse (2001), p. 42.
  5. Woodhouse (2001), p. 43.
  6. Jackson (1977), p. 583.
  7. Hall & Martin (2003), p. 111.
  8. Woodhouse (2001), p. 46.
  9. Hall & Martin (2003), p. 112.
  10. Woodhouse (2001), p. 47.
  11. Hall & Martin (2003), p. 113.
  12. Woodhouse (2001), p. 41.
  13. Hall & Martin (2003), p. 38.
  14. Hall & Martin (2003), p. 57.
  15. 1 2 Hall & Martin (2003), p. 50.
  16. 1 2 Hall & Martin (2003), p. 51.

Bibliography